پژوهش های حقوق تطبیقی (Dec 2022)
Criticizing The Civil Liability Due to Initial Offering in the I. R. I.’s Securities Market Law by Looking at British and American Law
Abstract
The IPO on the stock exchange, as one of the professional activities, requires the role of several individuals. s. 43 of Iranian Market Law, although seeks to emphasize the responsibility of these individuals in order to protect the rights of investors and consequently the capital market, but this regulation not only failed to address this issue, but in some cases made it more difficult to realize the lost rights. Is. No change in the basis of civil liability, deadline for filing a liability lawsuit, counting responsible persons, creating parallel jurisdiction for the board of directors and the role of detecting and declaring infringement Damage by the injured party is one of the points to be considered in this article. A study of British and American law, however, reveals that litigation in that country is highly regulated and that existing regulations provide maximum protection for investors. Changing the basis of liability from fault to fault without liability, creating joint and several liability for the perpetrators of multiple losses in a single loss and reviewing the competence of the board of directors in handling litigation are some of the solutions that can provide maximum protection to the investor and the capital market.
